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Home My WebLink AboutResolution 18-82 RESOLUTION NO. 18-82 RESOLUTION OF THE ATASCADERO CITY COUNCIL SUPPORTING THE BILATERAL NUCLEAR WEAPONS FREEZE INITIATIVE BE IT RESOLVED by the Atascadero City Council as follows: 1. That the safety and security of the United States .must be paramount in the concerns of the American people, 2. That our national security is reduced, not increased, by the growing danger of nuclear war between the United States and the Soviet Union; ' 3. That the proposed California Bilateral Nuclear Weapons Freeze Initiative is necessary to reduce the threat of nuclear war to the health and well-being of the citizens of California and the entire country. BE IT FURTHER RESOLVED that the Atascadero City Council de- clares itself in support of the proposed initiative, the passage of which by the general electorate this Council believes to be in the best interests of this City, of this State and of this Na- tion. On motion by Councilman Mackey and seconded by Councilman Nelson, the foregoing resolution is hereby adopted in its entire- ty on the following vote: AYES: Councilmen Mackey, Nelson, Stover and Mayor Wilkins NOES: Councilman Highland ADOPTED: April 26, 1982 RO T J. TKINS, JR. , Mayor II � ATTEST: MU L. ARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES Cit Attorney Y 1 Position 5 USDA-FtnHA Form FmHA 442-47 LOAN RESOLUTION (Rev.4-9-76) (Public Bodies) RESOLUTION NO. 19-82 Board of Directors l�y „�;�--- A RESOLUTION OF THE -------------------------------------------------------------------------—----------------—------------—----— ------------------------------ Atascadero County Sanitation District ______ _______ �____. ------------------__w__ OF THE -------- - - --------- --------- ------------------------------- --- AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING,CONSTRUCTING,ENLARGING,IMPROVING,AND/OR EXTENDING ITS---------ewage treatment facilities FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURIDICTION TO SERVE. WHEREAS,it is necessary for the ------Board of Directors ---------------- (Public Body) (herein after called association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of--------- ----- ------ pursuant to the provisions of the -Revenue_—Bond_Law—of 1941 and the Revenue_ Bond Election of November 7, 1978. --------- ------------------ ----- WHEREAS, the association intends to.obtain assistance from the Farmers Home Administration,United States Department of Agriculture,(herein called the Government)acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in. the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the association: NOW THEREFORE, in consideration of the premises the association hereby resolves; a i. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containing such items and in such forms as are required by STATE statutes and as are agreeable and acceptable to the 0 Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the association is able to refinance its bonds by obtaining aloan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar i' purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). 3. To provide for, execute, and comply with Form FmHA 400-4, "Nondiscrimination Agreement"; and Form FmHA 400-1,"Equal Opportunity Agreement", including an "Equal Opportunity CIause",which clause is to be in- corporated in, or attached as a rider to, each construction contract and subcontract involving in excess of$10,000. o- 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the association. Such indemnification shall be payable from the same source of founds pledged to pay the bonds or any other legally permissable source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any n{ covenant or agreement contained herein or in the instruments incident to making or insuring the loan,the Government, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable,{b) for the account of the association (payable from the source of funds pledged to pay the bonds or any other legally permissable source) incur and pay reasonable expenses for repair, maintenance,and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Defaalt under the provisions of this Resolution or any instrument incident to the making or insuring of the loan may be construed•by the Government to constitute default under any other instrument held by the Government and executed or assumed by the association,and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof,or interest therein,not permit others to do so,without the prior written consent of the Government. 7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in connection with making enlargements, improvements or extensions to, or for any other purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds_ ' 8. To place the proceeds of the bonds on deposit in an account,in a bank,and in a manner approved by the Government. FmHA 44247 (Rev.4-9-76) 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service,operation and maintenan >. and the establishment of adequate reserves.No free service or use of the facility will be q y permitted.. y , 11. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government. - � 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof in such a manner as may be required by the Government,to provide the r^ Government without its request, a copy of each such audit, and to make and forward to the Government such #' additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. -� 14. To serve any applicant within the service area who desires service and can be feasibly and legally served, and to obtain the concurrence of the Farmers Home Administration prior to refusing service tosuch applicant. Upon the failure to provide such service which is feasible and legal such applicant shall have a direct right of action against the association under this agreement. y The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instruments, shall be binding upon the association as long as the bonds are held or insured by the Government. The provisions of sections 6 through 13 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and the Government. The vote was: Yeas --------------- Nays ------------- ; Absent --------- . IN WITNESS WHEREOF ---o , the ----Bard of Directors-- - o -- Directors----------------- ------------------------------------- ------ of the Atascadero County Sanitation_--District --------- has duly adopted this Resolution and caused i it to be executed by the officers below in duplicate on this _IOth day of-----------Mai'--- -------_----_--------- , 19 A2- . Atascadero C unty San ati n District (SEAL) By ------ -- - -- ---1 - ------ ROB ERT J LaIL :hTS, JR. Atte Title ----President ------ ----- -- — ----------------- -- --- - -- _ _ ---------- ------------ -- -- - ---- -------- ------- - MUR L. WARDEN Sec tart' --........ Title ------ ------ -- ........---.................-... -..... : CERTIFICATION Secretar Atascadero County Sanitation District s I, the undersigned, as -- - - -- - �' -- of the __ _-_ - - — - - -- - ----- ---- - --- District hereby certify that the ---- __,.Board of Directors - Y Y -------------------- ------------------------------------------------- of such M&TUdxis composed of —------- members, of whom -------------------- - constituting a quorum, were present at a meeting thereof duly called and held on the -----10th_-- day of --__,___May_ _ _ 19 82--; that the foregoing resolution was adopted at such meeting by the vote shown above;and that said resolution has not been rescinded or amended in any way. Dated, this --12th- --------- day of - May --____ ---- ---__ 19 --82- - --- -82 -- ---- - - RAY WARDEN 1 rt ,ys *G.S.GPO:2976-0-665-669/2243 r:�t Title ---- yip --_----- ---- ----------- -